RFI for i485 - Income Questions

[cwmcb 0]

Hi,

I tried finding answers by reading previous posts but would like to get your opinions:

- I am a H1B visa holder and my spouse is USC.

- Submitted AOS filing from H1B to Marriage-based PR in mid July 2016. DId biometric fingerprint scanning a week ago and just received a yellow letter for Request of Initial Evidence due to the i864. The letter states that, "Based on documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% of poverty guideline for the petitioner/sponsor's household size". And next line: "Submit evidence of assets that meet the standards listed below or obtain a joint sponsor".

What confuses me are:

- His current annual income is above the 125% poverty guideline but he just started the job in end of May after graduation. His last year's tax return is below the poverty guideline as he was a student. Is this why his income is deemed as insufficient?

- But my income is included in the household income. Was it not taken into consideration?

- The letter indicates our income does not meet the poverty guideline. It doesn't even indicate they need more proof of our current income (we did submit employment verification letter, job offer letter, pay stubs, tax returns transcripts from IRS).

So my question are:

- Is it worth sending more proof that our income meets the poverty guideline? (they did not request this in the RFI). Is there any chance some documentations were overlooked by them?

- Should we find a joint sponsor? (although we try to avoid this)

Your advice and help is much appreciated. Thank you.

[Harpa Timsah 13,258]

Did you send a letter from his employer outlining his job as proof of current employment?

If you want to use your income, did you show proof that your income will continue from the same source after you get your GC?

You mention a job offer letter. What is that for? What job?

When they say your income is not good, it means that your evidence is not correct.

[cwmcb 0]

The job offer letter is the letter from his employer when he was offered a full-time position after a job interview, stating the company name, position and annual salary. Unfortunately we did not provide employment letter from HR for his job (we though pay slip would be a good proof).

As for my income, I did get my HR department to issue an employment letter stating that I am hired as full-time employee with the annual income, position and hire date indicated in the letter. I read on forums indicating that this kind of letter would be sufficient to prove that I am working long-term with the company. (Maybe I am wrong).

Any advice?

Edited August 19, 2016 by cwmcb

[Harpa Timsah 13,258]

The job offer letter from his employer is useless. Have them type a letter that says he is currently employed and makes X annually. OR submit 6 months of paystubs.

For your income to count, you need to prove that you will continue employment from the same source after you get your GC. You need to get a letter from your company that says that. Stating that you currently have a job does not say that.

So that's 2 things to fix. But these problems suggest that there might be other problems. Are you sure your tax returns are complete?

[EM_Vandaveer 2,370]

Him having had his current job for less than 3 months could be problematic. USCIS usually looks for at least 6 months.

[cwmcb 0]

Harpa Timsah, thanks for the recommendations.

EM_Vandaveer, that's what I am suspecting too on why USCIS said that the income is insufficient.

Should we pursue in getting a joint sponsor? I don't know if providing more evidence on our income will answer their letter (afraid that they will deny this application).

I have also set an InfoPass appointment to seek advice on this matter.

Thanks again for all the responses.

[Harpa Timsah 13,258]

What about your income? You have a job, and if you can prove that it will continue from the same source after you get your GC then you can "sponsor" yourself. But you have to show the right evidence.